Self-Governing Schools etc. (Scotland) Act 1989

80 Interpretation. S

(1) In this Act, unless the context otherwise requires—

• “the 1973 Act” means the M1 Local Government (Scotland) Act 1973;

• “the 1980 Act” means the M2 Education (Scotland) Act 1980;

• “the 1988 Act” means the M3 School Boards (Scotland) Act 1988;

• [F1 “appointed member” shall be construed in accordance with section 3(1)(c) of this Act;]

• [F1 “articles of constitution” and “articles of management” have the meanings given by section 2(1) of this Act;]

• [F1 “board of management” means a board incorporated under section 19(2) of this Act (any such board constituted in accordance with Schedule 4 to this Act being referred to as an “interim board of management”);]

• [ “capital grants” has the meaning given by section 26(3)(a) of this Act;]

• F2 . . .

• [F1 “denominational school” means—

(a) in relation to a public school, a school provided under section 17(2), or maintained and managed under section 21(1), of the 1980 Act; and

(b) in relation to a self-governing school—

(i) a school which immediately before the incorporation date was so provided, maintained or managed and which has not, by virtue of a change in characteristics under section 30 of this Act ( “change in characteristics” being construed in accordance with subsection (13) of that section), ceased to be a school managed in the interest of a church or other denominational body; or

(ii) a school which, by virtue of such a change, is managed in such interest;]

• “education authority”, in relation to a school or college of further education, means the education authority within whose area the school or, as the case may be, the college is situated;

• [F1 “eligible school” has the meaning given by section 13(1) of this Act;]

• [F1 “grant regulations” has the meaning given by section 26(2) of this Act;]

• [ “the incorporation date”, in relation to a school, shall be construed in accordance with section 19(2) of this Act;]

• [F3 “interest in land” has the meaning given by section 28(1) (interpretation) of the M4 Land Registration (Scotland) Act 1979;]

• [F1 “land” includes interests in land, land obligations and any other liabilities and rights over land;]

• [F1 “land obligations” has the meaning given by section 2(6) of the M5 Conveyancing and Feudal Reform (Scotland) Act 1970;]

• [F1 “parent”, in relation to a child or young person, includes his guardian and any person who is liable to maintain, or has [F4 parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to him or has care] of, the child or young person except that in sections 3, 13 and 30 and Schedules 3 and 7 (and in the expression “parent member”, which is defined by subsection (1)(a) of the said section 3 but which also includes persons becoming such members by virtue of section 19(2) of this Act) it does not include any person other than a natural person;]

• [ “premises” in relation to any school includes the site of the school, any building in which pupils attending the school are boarded and any playing fields used in connection with the school whether contiguous to the school or detached therefrom;]

• “prescribed” means prescribed by regulations made by the Secretary of State;

• [F1 “pupil” has the same meaning as in the 1988 Act;]

• [F1 “recovery regulations” has the meaning given by section 28(3) of this Act;]

• [F1 “recurrent grant” has the meaning given by section 26(1) of this Act;]

• [F1 “scheme of government” has the meaning given by section 2(1) of this Act;]

• [F1 “self-governing school” has the meaning given by section 1(3) of this Act;]

• [ “special purpose grants” has the meaning given by section 26(3)(b) of this Act;]

• [ “staff member” shall be construed in accordance with section 3(1)(b) of this Act but shall include persons becoming such members by virtue of section 19(2) of this Act; and]

• “technology academy” has the meaning given by section 68(1) of this Act.

(2) Subject to subsection (1) above, expressions used in this Act and in either the 1980 Act or the 1988 Act (or in both) shall, unless the context otherwise requires, have the same meaning in this Act as in that Act (or those Acts).

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Definitions in s. 80(1) repealed (prosp.) by 2000 asp 6, ss. 60(2), 61(2)(3), Sch. 3

F2 Definition of "college of further education" in s. 80(1) repealed (1. 4. 1993) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(3), Sch. 10; S.I. 1992/817, art. 3(2), Sch. 4.

F3 Definition in S. 80(1) repealed (prosp.) by 2000 asp 5, ss. 76(2), 77(2)(b), Sch. 13 Pt. I (with ss. 58, 62, 75) and expressed to be repealed (prosp.) by 2000 asp 6, ss. 60(2), 61(2)(3), Sch. 3

F4 In s. 80(1) in the definition of “parent” words substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 47 (with s. 103(1)); S.I. 1996/2203, art. 3, Sch.

Marginal Citations

M1 1973 c. 65.

M2 1980 c. 44.

M3 1988 c. 47.

M4 1979 c. 33.

M5 1970 c. 35.